David Temkin secures successful outcome in Health and Safety case
February 24, 2017
David Temkin has successfully represented a private housebuilding company, Select Quality Homes Ltd. The company was prosecuted by the Health and Safety Executive (HSE) for breach of Regulation 6 of the Work at Height Regulations 2005 and breach of a Prohibition Notice. The company entered guilty pleas to both offences and accepted its failure to take suitable and sufficient measures to prevent falls from scaffolding at a construction site for a new housing development.
The HSE submitted that the appropriate fine under the Sentencing Guidelines was up to £250,000. David provided detailed and cogent written submissions setting out why the court should reject the HSE’s position. He argued in court for a completely different approach to the Guidelines and was entirely successful in persuading the Judge to impose a very modest fine.
The Select Quality Homes Ltd were fined only £6,600. This was a hugely significant result because it allowed the company to continue in business.
David has significant experience of criminal and regulatory work, particularly in health and safety litigation before the range of criminal courts. He is a dedicated advocate who prides himself on extremely thorough preparation. David’s experience and skills led to his appointment to a number of national panels, including, in 2012, the list of Specialist Regulatory Advocates specialising in environmental law and health & safety law.